Obermark v. Clark

This is an action by the appellee for breach of contract, and was originally brought against the ax>pellant and his sister, Mrs. Sarah J. Gates. At the conclusion of the evidence the plaintiff amended his complaint by striking out the name of Mrs. Gates as a party defendant.

By the contract pleaded the plaintiff engaged to purchase, and the defendants engaged to sell and convey, a “good and merchantable title” to lot 4 in block 46, Corey, for a consideration of $5,250 to be paid by the plaintiff; $100 of which was paid upon the execution of the contract, $1,150 to be paid on delivery of the…